SMT. RAJESHWARI KAUSHIK Vs. SHRI KULDEEP SINGH

JUDGEMENT

(1.) BY this petition, the petitioner has assailed order dated 11th October, 2007 passed by learned Additional Rent Control Tribunal thereby allowing the appeal of the respondent thereby setting aside the eviction order dated 24th August, 2006 passed against the respondent.

(2.) THE brief facts relevant for the purpose of deciding this petition are that the appellant/landlady filed an eviction petition against respondent under Section 14(1)(a) of Delhi Rent Control Act (hereinafter referred to as 'the Act') wherein she alleged that respondent was tenant @ rent of Rs. 450/ - per month in respect of premises in question and respondent had not paid rent despite service of demand notice dated 26th February, 1998. The respondent in the written statement took a stand that there was no relationship of landlord and tenant and rent was Rs. 150/ - per month and not Rs. 450/ - per month. The learned Additional Rent Controller passed an interim order under Section 15(1) of the Act and in the interim order, learned Additional Rent Controller observed that the tenant had been taking different stands in different courts. The tenant had filed an affidavit in the court of Sh. Sanatan Prasad, learned Civil Judge stating on oath that he was tenant in the suit premises under the petitioner on monthly rent of Rs. 140/ - per month excluding electricity charges. However, the learned Additional Rent Controller passed an interim order on 25th March, 2003 under Section 15(1) of the Act giving following directions to the tenant:

(3.) AGAINST the order dated 17th February, 2005, the respondent preferred an appeal before Rent Control Tribunal being R.C.A. No. 134 of 2005. This appeal was dismissed by the Tribunal confirming the findings given by learned Additional Rent Controller vide order dated 25th October, 2005. The Tribunal observed that none of the findings of fact warranted interference in appeal and the appeal was dismissed. The petitioner thereafter made an application before the learned Additional Rent Controller for passing an eviction order on the ground that the tenant had not complied with the order under Section 15(1) of the Act and had not deposited/paid rent in terms of the order passed by the court. This application was decided by learned Additional Rent Controller on 24th August, 2006 after confirming non -payment of rent by the tenant subsequent to October, 2005. The tenant admitted that no rent was either tendered or deposited after October, 2005. On this admission of the tenant, the learned Additional Rent Controller observed that tenant was not entitled to benefit under Section 14(2) of the Act and consequently an eviction order was passed.